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032492P.pdf   08/02/2004  Kefay Gebremaria  v.  John Ashcroft
   U.S. Court of Appeals Case No:  03-2492
   Agency   
   Petition for review - Immigration. IIRIRA Sec. 309(c)(4)(B) is a 
   jurisdictional bar which precludes the court of appeal from considering 
   non-record material submitted for the first time in petition for review; 
   petitioner was aware that she had HIV/AIDS before the final hearing in 
   the proceedings on her asylum petition, but failed to make the IJ aware of 
   the information, and the BIA did not err in denying her motion to reopen 
   which claimed the evidence was newly discovered; evidence concerning 
   her husband's arrest and disappearance could not be imputed to petitioner 
   and was insufficient to show she had a well-founded fear of future 
   persecution. 
   [PUBLISHED] [Smith, Author, with Beam and Colloton, Circuit 
   Judges]